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Home My WebLink About2005-25888 ResoRESOLUTION NO. 2005-25888 TIO A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PRELIMINARY PUBLIC HEARING FOR JUNE 8, 2005, PURSUANT TO CODE SECTION 118-705(b)(1), "PROCEDURES FOR THE ADOPTION OF SPECIFIC NCD OVERLAY DISTRICTS", IN ORDER TO CONSIDER THE MERITS OF A PROPOSED LA GORCE ISLAND NEIGHBORHOOD CONSERVATION DISTRICT. WHEREAS, the City Commission adopted a Neighborhood Conservation District (NCD) enabling ordinance toward addressing the unique planning issues impacting certain neighborhoods within the City; and WHEREAS, the La Gorce Island Association, Inc., at two (2) homeowner meetings held on June 21, 2004, and February 24, 2005, recognized the need to conserve certain aspects of the island's historic streetscape and development pattern and identified the City's NCD designation as the most appropriate method to address these issues; and WHEREAS, the Historic Preservation Board following a discussion held April, 12, 2005, with representatives of the La Gorce Island Association, Inc., relative to creating a neighborhood conservation district for the island, voted (6-0) in favor, to initiate the process of adopting a La Gorce Island Neighborhood Conservation District; and WHEREAS, in accordance with Miami Beach City Code section 118- 705(b)(1) of the NCD enabling ordinance, the Planning Department shall schedule a request before the City Commission to set a preliminary public hearing in order to consider the merits of the proposed NCD and determine whether to continue the designation process. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a preliminary public hearing regarding the proposed La Gorce Island NCD shall be held on June 8, 2005, and the Clerk is hereby directed to publicly notice such hearing in accordance with Miami Beach City Code se ion 118-705(b)(2). Ori M PASSED and ADOPTED this 18th day of T TEST• r raAditz City Clerk Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION v -v _ 5 1.`05 City AttoDate F:\PLAN\$ALL\La Gorce Island NCD\Prelimianry Public Hearing\LGI NCD 05.18.05 Prelim. Reso..doc 005. or David Dermer CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a Preliminary Public Hearing for June 8, 2005, in order to consider the merits of a proposed La Gorce Island Neighborhood Conservation District. Issue: Shall the Mayor and City Commission approve the resolution setting the Preliminary Public Hearing? Item Summary/Recommendation: Pursuant to City Code section 118-705(b)(1) regarding the procedures for adopting specific NCD overlay districts, the Planning Department shall schedule a request before the City Commission to set a preliminary public hearing in order to evaluate the merits of the proposed district and determine whether to continue the NCD designation process. The Administration recommends approving the resolution to set a preliminary public hearing. Advisory Board Recommendation: The Historic Preservation Board formally initiated the NCD adoption process regarding the proposed district during a discussion with representatives from the La Gorce Island Association, Inc., held April 12, 2005. Financial Information: Source of Funds: 1 2 3 4 Finance Dept. Total Amount Account Approved City Clerk's Office Legislative Tracking: Jorge G. Gomez, Planning Director/ Reuben N. Caldwell, Senior Planner Sign -Offs: Departme Director Assistant City Manager City Manager -a AGENDA ITEM 7 C7" DATE 5--a-0) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission From: Jorge M. Gonzalez City Manager Date: May 18, 2005 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PRELIMINARY PUBLIC HEARING FOR JUNE 8, 2005, PURSUANT TO CODE SECTION 118- 705(b)(1),"PROCEDURES FOR THE ADOPTION OF SPECIFIC NCD OVERLAY DISTRICTS", IN ORDER TO CONSIDER THE MERITS OF A PROPOSED LA GORCE ISLAND NEIGHBORHOOD CONSERVATION DISTRICT. ADMINISTRATION RECOMMENDATION The Administration requests that the City Commission set a Preliminary Public Hearing for June 8, 2005, in order to evaluate the merits of a proposed La Gorce Island Neighborhood Conservation District. BACKGROUND The proposed district, which encompasses La Gorce Island in its entirety, is generally bounded by the bulkhead line of the Indian Creek waterway to the east, the bulkhead line of Biscayne Bay to the north and to the west, and the bulkhead line of the La Gorce canal to the south. The La Gorce Island Association, Inc., sponsored two (2) homeowner meetings, held on June 21, 2004, and February 24, 2005, at which the members present recognized a need to conserve certain aspects of the island's historic character. In particular, their discussions focused on methods by which to revitalize the island's signature Royal Palm and Silver Date Palm lined streets as well as preserve its established street vistas. (Several exhibits depicting the island's character have been included.) In their endeavor to address these issues, the Association identified the City's recently adopted Neighborhood Conservation District designation as the most appropriate method toward defining and maintaining the island's distinctive character. The Historic Preservation Board, following a discussion on April, 12, 2005, requested by the Miami Design Preservation League and representatives of the La Gorce Island Association, considered the merits of creating a neighborhood conservation district for the island and voted (6-0) in favor, to initiate the process of adopting a La Gorce Island Neighborhood Conservation District. Referring to the attached flow chart delineating the procedures for the adoption of a City Commission Memorandum Setting A Preliminary Evaluation Public Hearing Regarding A Proposed La Gorce Island Neighborhood Conservation District May 18, 2005 Page 2 Neighborhood Conservation District, the preliminary review (step "2" of the "5" step adoption process) requires that staff request a preliminary public hearing before the City Commission. CONCLUSION In accordance with City Code section 118-705(b)(1) of the Neighborhood Conservation District enabling ordinance relative to the adoption of a specific NCD, the Planning Department shall schedule a referral request before the City Commission and The City Commission shall hold a preliminary public hearing to consider the merits of the proposed NCD. Notification of the preliminary public hearing shall be advertised in accordance with City Code section 118-164(2)(b) regardless of acreage and, in addition, all property owners within the proposed district as well as within a 375 ft. radius of the proposed district shall be notified by individual mail notice with a description prepared in plain English, and postmarked not Tess than (15) days in advance of the hearing. Attachments JMG/TH/JHC/RNC F:\PLAN\$ALL\La Gorce Island NCD\Prelimianry Public Hearing\LGI NCD 05.18.05 Prelim Request Memo.doc Ma 05 05 04:15p I,a Gorce Island Association, Inc. Resolution for Designation of La Gorce Island as a "Neighborhood Conservation District" 4 May 2005 WHEREAS, the La Gorce Island Association, Inc. called for a Special Meeting of the Board of Directors and Homeowners of La Gorce Island ("LOP hereafter) on 21 June 20U4 for the purpose of discussing and reviewing the possible designation of LGI as a Neighborhood Conservation District ("NCD" hereafter) pursuant to that certain proposed City of Miami each Ordinance dated January 2004 (in "Draft Form" at such tune); Moreover, at the meeting, Mr. Victor Diaz, resident of LGI and Chairman of the City of Miami Beach Planning Doard made a presentation which was followed by a discussion and then by a call for a show of hands resulting in the overwhelming majority (including developer and owner of 94 La Gorce Circle) demonstrating a desire to pursue the NCD process for LGI. Objections were noted by only three (3) of the many residents in attendance that evening. WHEREAS, the. LGI Association, Inc. had been made aware of the passage of the aforementioned City of Miami Beach Ordinance (No. 2004-3457) in September 2004 and it subsequently noticed the NCD matter as an agenda item for its upcoming LGI Annual Membership Meeting held 24 February 2005; and, Moreover, at this meeting which was very well -attended by the membership, including some who had opposed the matter previously, and there were no objections whatsoever noted for the possible designation of LGI as an NCD. WHEREAS, the members of the La Gorce Island Association, Inc. have expressed an interest in the designation process and the ability to participate in the workshops to implement the NCD, NOW THEREFORE, THE BOARD OF DIRECTORS OF LA GORCE ISLAND ASSOCIATION, INC. HEREBY ADOPTS AND APPROVES THE FOLLOWING RESOLUTION: RESOLVED, that the NCD process as initiated by the City of Miami Beach Historic Preservation Board on 12 April 2005 be hereby approved for the designation of La Gorce Island as a Neighborhood Conservation District under City of Miami Beach Ordinance No. 2004-3457 so that the NCD process can enable workshops and the implementation of an NCD deemed appropriate by the members of the La Gorce Island Association, Inc. and the homeowners of La Gorce Island. I.A GORCE TS,d{W) ASSOCIATION, INC. By: (-9, 'I pother F.go7i Chottkrotnn, President p.2 1,7 .5e01 - •t144 no .14 wywei XrArr •C',/1./ g'""g 410.11WIWISP .01,•••sg Pee 0 =7.74/00 tr.7 2NAEX.7.c/9 PROCEDURES FOR ADOPTION OF A NEIGHBORHOOD CONSERVATION DISTRICT September 8, 2004 (1) .REQUESTS CITY COMMISSION (2) (3) (4) (5) APPLICATION REQUESTS MAY BE INITIATED BY ANY OF THE FOLLOWING NEIGHBORHOOD MAJORITY PETITION CITY MANAGER PLANNING BOARD 1 HISTORIC PRESERVATION BOARD DESIGN REVIEW BOARD REQUEST MEMO TO COMMISSION WITH PRELIMINARY EVALUATION AND RECOMMENDATION PREPARED BY PLANNING DEPARMENT STAFF PRELIMINARY PUBLIC HEARING BEFORE THE CITY COMMISSION TO CONSIDER THE MERITS OF THE PROPOSAL COURTESY WORKSHOPS WITH PROPERTY OWNERS AND RESIDENTS FOR PUBLIC INPUT AND CONSENSUS 1 PRELIMINARY REVIEW MAILED NOTIFICATION OF PUBLIC HEARING TO ALL PROPERTY OWNERS IN POTENTIAL NCD AREA AS WELL AS ALL PROPERTY OWNERS WITHIN 375 FT. RADIUS OF AREA. IF DIRECTED BY THE CITY COMMISSION, THE PLANNING DEPARTMENT PREPARES NCD PLAN WITH APPROPRIATE REGULATIONS AND GUIDELINES PLAN PREPARATION NCD GREATER THAN 10 ACRES NEWSPAPER ADVERTISEMENT AND MAILED NOTIFICATION TO ALL PROPERTY OWNERS WITHIN DISTRICT AS WELL AS TO ALL PROPERTY OWNERS WITHIN 375 FT. RADIUS OF PROPOSED DISTRICT; ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. NEWSPAPER ADVERTISEMENT AND MAILED NOTIFICATION TO ALL PROPERTY OWNERS WITHIN DISTRICT AS WELL AS TO ALL PROPERTY OWNERS WITHIN 375 FT. RADIUS OF PROPOSED DISTRICT; ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. REQUIRES TWO CITY COMMISSION PUBLIC HEARINGS. NEWSPAPER ADVERTISED PUBLIC HEARING; ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. DESIGN REVIEW BOARD DISCUSSION OF NCD PLAN PLANNING BOARD PUBLIC HEARING AND RECOMMENDATIONS PUBLIC HEARING BY CITY COMMISSION SECOND READING PUBLIC HEARING BY CITY COMMISSION - FINAL ADOPTION OF NCD REQUIRES 5/7THS VOTE -DRB DISCUSSION NEWSPAPER ADVERTISED PUBLIC HEARING, ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. FINAL ADOPTION NCD LESS THAN 10 ACRES NEWSPAPER ADVERTISEMENT AND MAILED NOTIFICATION TO ALL PROPERTY OWNERS WITHIN DISTRICT AS WELL AS TO ALL PROPERTY OWNERS WITHIN 375 FT. RADIUS OF PROPOSED DISTRICT, ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. NEWSPAPER ADVERTISEMENT AND MAILED NOTIFICATION TO ALL PROPERTY OWNERS WITHIN DISTRICT AS WELL AS TO ALL PROPERTY OWNERS WITHIN 375 FT. RADIUS OF PROPOSED DISTRICT; ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES. CITY COMMISSION MAY ADOPT NCD AFTER ONE PUBLIC HEARING. NEWSPAPER ADVERTISED PUBLIC HEARING; ALSO COURTESY EMAIL OR FAX TO ALL INTERESTED PARTIES.